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U.S. v. KENNEDY

No. 98-3455.

201 F.3d 1324 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Verness R. KENNEDY, Pinellas County Teachers Credit Union, Interested Parties-Appellees, Continental Graphics Corporation, Interested Parties-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Peggy Morris Ronca, Asst. U.S. Atty., Jacksonville, FL, Tamra Phipps, Tampa, FL, for United States.

Richard K. Fueyo, John F. Rudy, II, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, for Kennedy.

John Eamon Johnson, Lansing C. Scriven, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., for Continental Graphics Corp.

Before TJOFLAT and CARNES, Circuit Judges, and GARWOOD, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). We answer this question in the negative.

I.

A.

On January 27, 1995, a federal grand jury in the Middle District of Florida indicted...

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